3AAFit and proper person

3AA Fit and proper person

[Section 3AA Inserted by No. 73 of 2013, s. 5, Applied:01 Jul 2014]

(1)  In determining whether or not a person is a fit and proper person for the purposes of this Act, the Secretary may take into account any one or more of the following matters:

(a) whether or not the person has been found guilty of an offence against this Act;

(b) whether or not the person is of sound financial reputation and has a stable financial background;

(c) whether or not the person is of good repute, having regard to the character, honesty and integrity of the person;

(d) whether or not the person has been found guilty of one of the following offences within the immediately previous 10 years, regardless of where the person was convicted:

(i) an indictable offence against the person where the maximum penalty for the offence is a term of imprisonment of at least 3 months;

(ii) an offence of dishonesty, fraud, or trafficking, where the maximum penalty for the offence is a term of imprisonment of at least 3 months;

(e) any other matter the Secretary thinks relevant.

(2)  For the purposes of subsection (1) , a person is found guilty of an offence even if a conviction is not recorded in respect of the person being found guilty of the offence.